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FREEDOM OF MOVEMENT OF WORKERS. ACCESS TO THE STUDY GRANTS REGIONAL SEMINAR 16.09.2011. FREEDOM OF MOVEMENT. General framework - Art 18 – general rule on non-discrimination due to the citizenship - Art 21 - general right to free movement in the EU

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freedom of movement of workers

FREEDOM OF MOVEMENT OF WORKERS

ACCESS TO THE STUDY GRANTS

REGIONAL SEMINAR

16.09.2011

Dots.Gaabriel Tavits

freedom of movement
FREEDOM OF MOVEMENT
  • General framework

- Art 18 – general rule on non-discrimination due to the citizenship

- Art 21 - general right to free movement in the EU

- Art 45 freedom of movement for workers

  • Secondary legislation

- directive 2004/38/EC

Dots.Gaabriel Tavits

freedom of movement1
FREEDOM OF MOVEMENT
  • Case law of ECJ

- Commission v The Netherlands c 542/09

- Dany Bidar c-209/03 – general disrimination rule applicable

Dots.Gaabriel Tavits

freedom of movement2
FREEDOM OF MOVEMENT
  • CASE ESTONIA

- Study Allowances and Study Loans Act §5

  • A pupil or student (except a Doctoral candidate) has the right to apply for a basic allowance if he or she:
  • is an Estonian citizen or is staying in Estonia on the basis of a long-term or temporary residence permit or on the basis of a permanent or temporary right of residence;

Dots.Gaabriel Tavits

freedom of movement3
FREEDOM OF MOVEMENT
  • A Doctoral candidate has the right to receive a Doctoral allowance if he or she:
  • 1) is an Estonian citizen or is staying in Estonia on the basis of a long-term or temporary residence permit or a permanent or temporary right of residence;

Dots.Gaabriel Tavits

freedom of movement4
FREEDOM OF MOVEMENT
  • Applying for study loan
  • An Estonian citizen or a person staying in the Republic of Estonia on the basis of a long-term residence permit or permanent right of residence, the duration of whose studies according to the study programme is nine calendar months or more, has the right to obtain a study loan......

Dots.Gaabriel Tavits

freedom of movement5
FREEDOM OF MOVEMENT

Thank you for your attention!

Dots.Gaabriel Tavits